Terms and Conditions for Internet Advertising.
This is a contract (referred to herein as this "Agreement") between NationwideNotaryRegistry.com (hereinafter referred to as "us", "we" and "our") and the customer ("you" and "your") for us to fulfill your order (“the “Order”) for listing on the website NationwideNotaryRegistry.com (the “Website”). This Agreement consists of the Order and these Terms and Conditions for Internet Advertising (these "T&C"). By executing this Agreement, you represent that you are 18 years or older, and that you have authority to enter into this Agreement. Only state commissioned Notaries Public may enter into this agreement. If you do not agree with the Terms and Conditions, then you must terminate your use of NationwideNotaryRegistry.com.
This web site and the information contained herein is for informational purposes only. This web site is for providing information to users in need of a Notary. We do not recommend or endorse any Notary listed on the Website nor do we assume any liability for the product or service performed by those individuals and/or businesses listed on this Website, nor for any advice or content of any material provided on any individual Notary website. We do not warrant the validity of the information, nor do guarantee the quality of the work product of the listed Notaries. We are not responsible for any material or information contained in the linked sites or provided by the individuals or businesses included in this website.
The term of this Agreement commences on the date of execution or acceptance by you by placing your Order with us and shall (subject to our right hereunder to terminate or suspend our performance or remove Internet Advertising under circumstances specified in this Agreement) continue until we have fulfilled the Internet Advertising specified in the Order for the Initial Term. Unless otherwise provided in the Order, The Initial Term shall be twelve months. This contract is subject to our right to terminate or suspend our service or remove your listing under circumstances specified in this Agreement. Unless otherwise provided in the Order and except as provided below in these T&C, upon expiration of the Initial Term, the term of this Agreement shall automatically renew for a "Renewal Term" without prior notification unless you or we notify the other of its intent not to renew at least five days before expiration of the Initial Term. All services provided during the Renewal Term will be subject to the then-current Terms and Conditions, pricing and other terms for Internet Advertising available on our Web site (such then current T&C being referred to herein as this Agreement). The Renewal Term will continue from expiration of the Initial Term until termination pursuant to this Agreement. Unless otherwise provided in the Order, either you or we may terminate the Renewal Term, with or without cause, upon thirty days' prior written notice to the other. Neither of us may terminate this Agreement during the Initial Term, provided that we may terminate this Agreement at any time upon notice to you if you breach this Agreement. If you choose to have your Internet Advertising removed from Website and our services discontinued prior to the end of the Initial Term, you shall notify us in writing. We will bill you during our first applicable billing cycle after we fulfill your order for Internet Advertising and will continue to bill you during each applicable billing cycle thereafter during the term of this Agreement. The billing cycle will be twelve months. We will bill you for listing on the Website at our standard rates for such Internet Advertising at the time that we provide such Internet Advertising. Any rates specified in the Order will apply during the Initial Term only. Unless you or we terminate this Agreement at the end of the Initial Term, you will be invoiced for each billing cycle of the Renewal Term at our standard rates during such billing cycle for such Internet Advertising. Such standard rates may be higher than the rates set forth on the Order. You may terminate this contract by providing a written notice to us. Your advertising will be terminated 5 days after such notice is received. Due to the nature of the advertising industry no refunds will be issued if cancellation is initiated - with no exception. However, in certain circumstances a prorated refund may be issued if cancellation is initiated no later than thirty days after the payment day. We may remove your listing and suspend our services hereunder if payment is not received by the due date. You agree to pay any attorneys’ fees and costs that our agents or we incur in collecting any unpaid amount. You will pay any sales, use or other local, state, federal, foreign or other taxes or governmental fees arising out of or in connection with this Agreement, other than taxes based on our net income.
If you place a chargeback with your credit card company (on purpose or by mistake) for the advertising Order that you placed and received, there will be a one hundred and fifty dollars research fee charged to your account upon receiving the chargeback by our merchant provider to cover our investigative expenses to prove that you did make the order. We do not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we may (at our discretion) pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues. We consider credit card chargeback to be fraud if you have made no reasonable effort to work with us to resolve any problems with your advertising Order. You agree that you choose to place an Order to advertise at NationwideNotaryRegistry.com. If you file a chargeback with your credit card company, and you do not win the chargeback argument, you agree to pay us one hundred and fifty dollars for our time responding to the case. You authorize us to charge this amount to your credit card. If this charge is rejected, we will pursue legal action to recoup losses for our time associated with responding to the chargeback in addition to the advertising fees. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach. In the event that you win the chargeback with your credit card company we will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account.
Except as expressly provided in the order, we do not make any representations, warranties or guarantees to you of any kind, either expressed or implied, regarding the functionality, performance or results of the advertisements or Internet Advertising. You may not resell, assign, transfer or delegate any of your rights, duties or obligations without our prior written consent, which we may grant or withhold in the exercise of our absolute and sole discretion; in the event we give such consent, the assignee must, without any reservation, assume all of your rights, duties and obligations. Any attempt to resell, assign, transfer or delegate such rights, duties or obligations without our prior written consent shall constitute a breach of this Agreement and shall be of no force or effect. We shall have the right to subcontract performance of our obligations hereunder or to assign or otherwise transfer this Agreement or any of our rights, obligations or duties hereunder to any person or entity at any time.
You agree that you are responsible for all actions taken with your User ID and password, including fees charged to your account. If you share your User ID, password or other personal information with third parties, you are responsible for all actions taken with your account. You understand that if you lose control of your password, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately change your password.
We will not have any liability under or in connection with this agreement or the Internet Advertising for any special, indirect, incidental, consequential, punitive or exemplary damages, including, without limitation, damages relating to loss of profit, loss of income or revenue, loss of goodwill, the rejection or removal of any advertising content, any delay in displaying or our failure to display content, or our failure to perform services. In no event shall our liability for monetary damages exceed the amount you have actually paid to us for the Internet Advertising or other services with respect to which such liability arose. You acknowledge and agree that the provisions of this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement and are fundamental to the parties' understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of this Agreement and shall be enforced regardless of any breach hereof or other occurrence or condition relating in any way to this Agreement or the Internet Advertising. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this agreement to fail of its essential purpose. The limitations contained in this section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.
If we breach our obligation hereunder to fulfill Internet Advertising or breach any other obligation hereunder, we will make commercially reasonable efforts to fulfill such Internet Advertising at a later date on the same or substitute site or internet search engine or otherwise reasonably to cure such breach.
In no event shall we have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs, including, without limitation, actual attorney fees, that may at any time be incurred by us or them arising out of or in connection with this Agreement or any Internet Advertising or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. We may change these T&C from time to time, and such revised terms and conditions shall be effective immediately after posting of such revised terms and conditions on our Website.